Jan 1, 2019, 2:39 am
Last edit by: corporate-wage-slave
Link to Text of the regulations in PDF format
Downgrades: Mennens case - calculation formula is in this post
787 cancellations due to Trent engine issues - CEDR ruling information from the post in the 2018 thread and onwards.
Downgrades: Mennens case - calculation formula is in this post
787 cancellations due to Trent engine issues - CEDR ruling information from the post in the 2018 thread and onwards.
The 2019 BA compensation thread: Your guide to Regulation EC261/2004
Jun 9, 2019, 11:44 am
#451
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Personally I would take this as a 300€ claim, so the half rate, because it seems that more than 16 minutes was due to ATC, with 3 hours plus being due to things under BA's control. However I would just put in a claim for EC261, noting the 4h 16m but without specifying an amount, and then you can see what happens.
Jun 9, 2019, 12:02 pm
#452
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Could someone please direct me to any case law / European court decisions that would support my claim for a “knock on effect” situation. (Runway closure at another European airport) Airline has rejected my initial claim under “extraordinary circumstance” but I know they’re wrong. It would be helpful to provide them with as much “information” as possible. Many thanks.
Jun 9, 2019, 12:09 pm
#453
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Could someone please direct me to any case law / European court decisions that would support my claim for a “knock on effect” situation. (Runway closure at another European airport) Airline has rejected my initial claim under “extraordinary circumstance” but I know they’re wrong. It would be helpful to provide them with as much “information” as possible. Many thanks.
Jun 9, 2019, 12:55 pm
#454
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Apologies for not providing this NWIFlyer. As it’s another (non BA) airline, I thought it best to provide basic information. The closure occurred at Alicante (runway incident) The aircraft routing was GLA - ALC (runway closure at around 11am) - GLA,. Thereafter, the aircraft was scheduled to operate the GLA - AGP - GLA route. (Over 4 hr delay) AGP - GLA flight was scheduled to depart 21.15.
Jun 9, 2019, 2:16 pm
#455
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Well, if this were BA - or another airline operating out of their hub - the “reasonable measures” part of the article would come in and it might be possible to expect the airline to find another plane and/or within the compensation period to operate the flight.
Other airlines with smaller fleets would find it more difficult to suddenly magic a plane up at an outstation (as would BA), so the reasonable measures would be much less extensive. It’s why we try to concentrate on BA queries in this thread, because the answer is very much different than it would be with Wizz Air! We broadly know what BA’s resources and capabilities are, but we don’t have that in-depth knowledge to properly advise on other airlines.
That’s why full details are important, but from what you’ve said you’d struggle to claim here - the closure is clearly extraordinary and whoever the airline is it would be difficult for them to suddenly find a spare plane and crew.
Other airlines with smaller fleets would find it more difficult to suddenly magic a plane up at an outstation (as would BA), so the reasonable measures would be much less extensive. It’s why we try to concentrate on BA queries in this thread, because the answer is very much different than it would be with Wizz Air! We broadly know what BA’s resources and capabilities are, but we don’t have that in-depth knowledge to properly advise on other airlines.
That’s why full details are important, but from what you’ve said you’d struggle to claim here - the closure is clearly extraordinary and whoever the airline is it would be difficult for them to suddenly find a spare plane and crew.
Jun 9, 2019, 2:36 pm
#456
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Could someone please direct me to any case law / European court decisions that would support my claim for a “knock on effect” situation. (Runway closure at another European airport) Airline has rejected my initial claim under “extraordinary circumstance” but I know they’re wrong. It would be helpful to provide them with as much “information” as possible. Many thanks.
However you may want to glance at this case for further pointers:
https://www.scotcourts.gov.uk/search...0-ff0000d74aa7
Jun 9, 2019, 4:20 pm
#457
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The knock-on principle - where a runway closure in location A delays aircraft from A to C, and thus C to B, while the traveller is going from B to C - is well known and not in question by courts or I imagine CEDR, since there would be no extraordinary circumstances for B to C. And Sturgeon is the underlying case for delays.
However you may want to glance at this case for further pointers:
https://www.scotcourts.gov.uk/search...0-ff0000d74aa7
However you may want to glance at this case for further pointers:
https://www.scotcourts.gov.uk/search...0-ff0000d74aa7
Jun 9, 2019, 5:07 pm
#458
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In which case that’s probably brake applied. I’d say still a good chance the delay hit 3 hours by the time the air bridge was connected and the door opened - hence why the poster’s notes and any evidence collected will be absolutely crucial now if the relevant ACARS data has disappeared.
I guess it's my responsibility to prove the doors were not open by 10:40 and I can't just ask the airline for this info?
Jun 9, 2019, 10:58 pm
#459
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Yeap, 2h58m delay is when the plane taxied to the gate and breaks were applied. It definitely took more than 3 min to get the gates connected and door open.
I guess it's my responsibility to prove the doors were not open by 10:40 and I can't just ask the airline for this info?
I guess it's my responsibility to prove the doors were not open by 10:40 and I can't just ask the airline for this info?
I would save the data from FlightAware now, particularly as it seems to show no ATC delays and a quick taxi, wait a few days to see if BA mark the flight as eligible for compensation anyway, then claim.
If BA deny it, ask them for a deadlock confirmation and go to CEDR - or MCOL if you wish, but it shouldn’t be necessary in this case - where BA will have to produce their own evidence to refute your claim. The onus is always on the airline to disprove the claim, not the passenger to prove it.
Jun 10, 2019, 5:59 am
#461
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BA policy is £200 but there are no limits included within EU261.
I'd push back to BA stating that fact
I'd push back to BA stating that fact
Jun 10, 2019, 6:13 am
#462
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If you have some evidence that £228 was the cheapest price for a hotel commensurate with your class of travel then submit it to BA and follow up with a phone call to UK Customer Services. If BA still won't budge, CEDR or certainly MCOL will force their hand.
Jun 10, 2019, 6:43 am
#464
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